As we all know the Rotterdam Convention is one of six multilateral environmental agreements (MEAs) that WTO Members are focusing on in their Committee on Trade and Environment debate on the relationship between WTO
rules and specific trade obligations in MEAs.

It would be in the fitness of things if the WTO Dispute Settlement Panel a report in the Asbestos case in November 2000, and the Appellate Body report in March 2001 is revisited. The case had attracted attention as it unfolded in the background of criticism about the way in which the WTO has
balanced the policy of fostering multilateral trade against non-trade policies involving, for example, the environment, health, and the treatment of workers.

Also the relationship between the Appellate Body and WTO panels as such, because, in any event, the mandate and resources of the WTO limit its authority outside the area of multilateral trade needs to revised in order to broaden the mandate to include environment and health as human rights.

The Intergovernmental Negotiating Committee on the Prior Informed Consent Procedure (INC-11) will be tentatively held on 18 September 2004 in Geneva,
Switzerland. The first meeting of the Parties to the Rotterdam Convention (COP-1) has tentatively been set to take place on 17-21 November also in Geneva.

Canada has submitted a proposal for a draft decision on seeking observer status for the Special Sessions of the WTO's Committee on Trade and Environment (CTE). Delegates agreed to forward the draft decision to the
first Conference of the Parties (COP-1), noting, amongst others, the need to strengthen the cooperation between the Convention and the WTO as well as to
encourage governments to inform their delegates at the WTO on decisions taken at the INC-10.

The Parties to the Convention still have to decide on some crucial issues, including the rules for compliance and the specific rights and obligations
of Parties and non-Parties. Under the current rules, non-Parties will not have the right to oppose the listing of a chemical to the PIC Procedure.

In coming days, in India there will be heightened criticism in media and in consultation with policymakers and trade unions of both the Canadian
Government and the impotence of UNEP for allowing itself to be held hostage because of opposition one government.

It appears that the crtical issue will once again be WTO's role.

Canadian government recently announced its continuing support for safe and responsible use of white asbestos.
It renewed its funding to the Montreal-based Asbestos Institute for the promotion of white asbestos throughout the world. It has announced a contribution of $775,000 for the promotion of asbestos.

If this is allowed to go on then UN/PIC would have a treaty that was of no use for anything if it because apparent that a single government could derail any proposals, despite the fact that billions of lives are at risk.

If white asbestos chrysotile is not included in the interim procedure at Intergovernmental Negotiating Committee (INC)- 11, then it will not be in the general group of chemicals to be considered by the first COP. INC -11 will be tentatively held on 18 September 2004 in Geneva, Switzerland. The first meeting of the Parties to the Rotterdam Convention (COP-1) has tentatively been set to take place on 17-21 November also in Geneva.

Agreed in 1998 under the auspices of the UNEP and the Food and Agriculture Organization of the UN (FAO), the Rotterdam Convention seeks to help governments – particularly in the developing world – prevent chemicals accidents and pollution. With some 70,000 different chemicals available on the market today, and 1,500 new ones being introduced every year, many governments find it extremely difficult to monitor and manage these potentially dangerous substances.
The Convention’s goal is to protect millions of farmers, workers, consumers and the environment from hazardous chemicals. It is particularly concerned with the fact that many substances that are banned or severely restricted in industrialized countries are still being marketed and used in developing countries.

The Convention provides a mechanism for countries to make informed decisions on the future import of such chemicals and to ensure that exporting countries respect the decisions of importing states.

The Rotterdam Convention will pursue its goal by giving importing countries the tools and information they need to identify potentially hazardous chemicals and to exclude those they cannot manage safely. When trade is permitted, requirements for labelling and providing information on potential health and environmental effects promote the safe use of the chemicals.

The Convention also seeks to promote technical assistance to developing countries. It is vital to the success of the system that all countries succeed in developing an infrastructure and capacity for managing chemicals and pesticides safely.

At the tenth meeting of the INC-10 for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure (PIC) for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) -- held from 17-21 November in Geneva -- Canada and Russia blocked the listing of asbestos-chrysotile. Had the listing gone through, trading of the chemical substance would only be allowed with the prior informed consent of the importing country. Countries also discussed future cooperation with the WTO as well as other issues pending prior to the expected entry into force of the Rotterdam Convention in 2004.

India joined Canada -- which exports more than 95 per cent of all the asbestos it produces, most of it to India -- to scuttle attempts to include the material in the international list of chemicals under the Convention.

The PIC Convention came into force in February 2004 under the UNEP, is a globally-binding instrument that provides an early warning system and transparent information on chemicals that have been banned or restricted by at least two countries.

A way has to be found so that the Canadian opposition could be overcome in September 2004. To begin with Indian Government must ignore Canadian persuasion in its own national interest and impose ban on import of asbestos with immediate effect.